SECTIONS 9000-9024

9000.  (a) Except as expressly authorized in this article, no personshall use a trap to take any finfish, mollusk, or crustacean in thewaters of this state for commercial purposes. (b) Traps may be used to take finfish in ocean waters only asauthorized by this article. (c) Freshwater baitfish traps that are used as provided in Section8463 are not subject to this article.9000.5.  For the purposes of this article, the following terms havethe following meanings: (a) "Bucket trap" means a plastic bucket of five gallons or lessin capacity. (b) "Deeper nearshore species" means those finfish identified asdeeper nearshore species in regulations adopted by the commissionpursuant to Section 8587.1. (c) "General trap permit" means a valid permit to take fish forcommercial purposes issued pursuant to Section 9001 that has not beensuspended or revoked. (d) "Korean trap" means a molded plastic cylinder that does notexceed 6 inches in diameter and does not exceed 24 inches in length. (e) "Nearshore species" means those finfish identified as such inregulations adopted by the commission pursuant to Section 8587.1. (f) "Popup" means a mechanism capable of releasing a submergedbuoy at a predetermined time.9001.  (a) Finfish, mollusks, or crustaceans shall not be taken by aperson with traps for commercial purposes in ocean waters exceptunder a valid general trap permit issued to that person that has notbeen suspended or revoked. (b) Any person who operates or assists in operating any trap totake finfish, mollusks, or crustaceans, other than lobster orDungeness crabs, as defined in Section 8275, or who possesses ortransports finfish, mollusks, or crustaceans on any boat, barge, orvessel when any trap is aboard, shall have a general trap permitissued to that person that has not been revoked or suspended whileengaged in the activity. (c) The fee for the general trap permit shall be thirty-fivedollars ($35). (d) This section does not apply to the taking of lobster underSection 9010 or to the taking of Dungeness crab under Section 9011.9001.6.  Hagfish may be taken under a general trap permit, if all ofthe following criteria are met: (a) Korean traps and bucket traps may be used to take only hagfishunder this article. (b) No more than a total of 500 Korean traps or a total of 200bucket traps may be possessed aboard a vessel or in the water orcombination thereof. (c) No permittee may possess both Korean traps or bucket traps andother types of traps aboard a vessel at the same time. When Koreantraps or bucket traps are being used or possessed aboard a vessel, nospecies of finfish other than hagfish shall be taken, possessedaboard, or sold for commercial purposes. (d) Popups shall not be used on buoy lines attached to Koreantraps or bucket traps, and shall not be possessed by a commercialfisherman aboard a vessel when taking hagfish.9001.7.  Finfish, other than sablefish and hagfish, may be takenunder a general trap permit if all of the following criteria are alsomet: (a) Every person aboard the vessel possesses a valid general trappermit that has not been suspended or revoked. (b) If nearshore species are present, at least one person aboardthe vessel possesses a valid nearshore fishery permit and a nearshorefishery trap endorsement that has not been suspended or revoked. (c) If deeper nearshore species are present, at least one personaboard the vessel possesses a valid deeper nearshore species fisherypermit that has not been suspended or revoked. (d) During the period from one hour after sunset to one hourbefore sunrise, finfish traps that are left in the water shall beunbaited with the door secured open. If, for reasons beyond thecontrol of the permittee, all trap doors cannot be secured open priorto one hour after sunset, the permittee shall immediately notify thedepartment. (e) Popups shall not be used on buoy lines attached to finfishtraps, and shall not be possessed aboard a vessel when taking finfishunder a general trap permit. (f) Trap destruction devices used on finfish traps shall conformto the current regulatory requirements for those devices pursuant toSection 9003 and as adopted by the commission. (g) No finfish traps shall be set within 750 feet of any pier,breakwall, or jetty in District 6, 7, 17, 18, 19, 19A, 19B, 20, 20A,20B, or 21. (h) No more than 50 finfish traps may be used in state watersalong the mainland shore. (i) The mesh of any finfish trap used pursuant to this sectionshall measure not less than two inches by two inches. (j) The following fish shall not be used as bait in finfish traps: (1) Lobster. (2) Crabs of the genus cancer, except rock crab, yellow crab, andred crab, as identified in Section 8282, which may be used as baitunder the authority of a rock crab trap permit issued pursuant toSection 8282. (3) Any other finfish or invertebrate to which a minimum sizelimit applies that is used or possessed in a condition so that itssize can not be determined. (k) Lobster may be possessed aboard or landed from any vessel onwhich finfish are also present, if every person aboard the vessel hasa valid lobster permit that has not been suspended or revoked andcomplies with Article 5 of Chapter 2 of the Fish and Game Code, thisarticle, and the regulations adopted pursuant thereto.9001.8.  Sablefish may be taken under a general trap permit in oceanwaters between a line extending due west true from Point Arguello inSanta Barbara County and the United States-Mexico internationalboundary line, if all of the following criteria are also met: (a) The trap shall be six feet or less in its greatest dimension. (b) The mesh of any trap used for sablefish pursuant to thissection shall measure not less than two inches by two inches. (c) The traps may be used only in waters 200 fathoms or deeper. (d) No permittee may possess aboard a vessel at the same time,sablefish traps and any other commercial fishing gear, except thatspot prawn traps may be possessed during spot prawn trap open fishingperiods as established by the commission and if the permittee has avalid spot prawn trap vessel permit that has not been suspended orrevoked.9002.  (a) Except as provided in subdivisions (b), (c), and (d), itis unlawful to willfully or recklessly disturb, move, or damage anytrap that belongs to another person and that is marked with a buoyidentification number pursuant to Section 9006. (b) A person, who has been issued a general trap permit underSection 9001 and has it in his or her possession, may pull or raise atrap marked with a buoy, if the buoy is marked with a buoyidentification number pursuant to subdivision (b) of Section 9006. Aperson pulling or raising a trap marked with a buoy identificationnumber, other than his or her own buoy identification number, shallhave written permission in his or her possession from the otherperson who holds the buoy identification number that is marked on thebuoy. (c) Subdivision (a) does not apply to employees of the departmentwhile engaged in the performance of official duties. (d) (1) Subdivision (a) does not apply to publicly employed safetypersonnel, including, but not limited to, lifeguards, marine safetyofficers, harbor patrol officers, and peace officers, who, whileengaged in the performance of their official duties, may remove atrap, buoy, or line located in or near breaking surf or adjacent to apublic beach if they believe that the trap poses a public safetyhazard. If any of those persons remove a trap, a buoy, or a trap orbuoy line, any captured marine life shall be immediately returned tothe ocean. (2) Any person described in this subdivision who removes a trapand any attachments thereto identified by a buoy identificationnumber shall make an attempt to contact the person whose permit orlicense number is marked on the buoy by personal contact, bytelephone, by recorded message left on a telephone answering machine,by regular United States Postal Service, or by other means, advisingwhere the property is located. Those persons shall have noresponsibility to secure the trap or attachments against loss ordamage. (3) Employees of the department may disclose the name, address,and buoy identification numbers of currently permitted or licensedpersons to representatives of public safety agencies described inthis subdivision to assist in the return of traps and attachments totheir proper owners or operators. (4) If the person whose permit or license number is marked on thebuoy has been notified pursuant to this subdivision but has notretrieved the trap within seven days of notification, or if thatperson cannot be identified within seven days after the trap has beenremoved, the trap may be discarded. (5) This subdivision does not create any duty on any state orlocal agency to remove or move a trap, line, or buoy that mayendanger the public safety and does not create any liability pursuantto Part 2 (commencing with Section 814) of Division 3.6 of Title 1of the Government Code.9003.  Every trap shall have at least one destruction device whichmeets specifications approved by the department. In order to minimizethe adverse effects on living marine resources, the specificationsfor destruction devices shall provide for a device that destructsrapidly enough to facilitate escape of a substantial proportion ofall species confined in the trap from any trap that cannot be raised.9004.  Every trap shall be raised, cleaned, serviced, and emptied atintervals, not to exceed 96 hours, weather conditions at seapermitting, and no trap shall be abandoned in the waters of thisstate.9005.  Every trap or string of traps, shall be marked with a buoy.9006.  Every trap used to take finfish or crustaceans shall bemarked with a buoy. Each buoy shall be marked to identify theoperator as follows: (a) For a trap used to take lobster the commercial fishing licenseidentification number followed by the letter "P." (b) For a trap used to take Dungeness crab or hagfish, thecommercial fishing license identification number only. (c) For a trap used to take finfish other than sablefish orhagfish, the commercial fishing license identification numberfollowed by the letter "Z." (d) For a trap used to take sablefish, the commercial fishinglicense identification number followed by the letter "B."9007.  Any trap used without a buoy, or with a buoy which is notmarked pursuant to Section 9006, is a public nuisance and shall beremoved from the waters of this state by any person authorized toenforce this code.9008.  Any trap used in violation of this code, or any regulationsadopted pursuant thereto, is a public nuisance and, except asprovided in Section 9007, shall be seized pursuant to Article 3(commencing with Section 8630) of Chapter 3.9010.  (a) Subject to Article 5 (commencing with Section 8250) ofChapter 2, spiny lobster may be taken with lobster traps under alobster permit issued pursuant to Section 8254. (b) Notwithstanding Sections 8660 and 8665, lobster traps may beused in any area of the state not otherwise closed to the taking oflobsters up to, but not closer than, 75 feet of any private pier,wharf, jetty, breakwater, or dock. (c) A wire lobster trap shall be built of rectangular wire meshwith inside mesh measurement not less than 1 1/2 inches by 3 1/2inches, the 3 1/2-inch measurement to be parallel to the floor of thetrap. A wire lobster trap shall be fitted with at least one rigidrectangular escape gap with an inside vertical measurement not lessthan 2 3/8 inches at all points and an inside horizontal measurementof not less than 11 1/2 inches at all points. The horizontal sides ofthe escape gap shall be located parallel to, and the escape gapwithin 2 3/8 inches of the floor on any outside wall of, the rearmostchamber of the lobster trap and shall be clearly accessible to thelobsters. (d) Notwithstanding subdivision (c), wire may be used to hold theescape gap in place that reduces the inside vertical or horizontalmeasurement of the escape gap specified in subdivision (c), but onlyif all of the following requirements are met: (1) The overall diameter of the wire, including any coating on thewire, shall measure less than 0.176 inches in diameter (the diameterof 7 SWG gauge wire using the Standard Wire Gauge (SWG) standard ofmeasurement). (2) A maximum of one wire wrap shall be located on each verticalside of the escape gap. (3) A maximum of two wire wraps shall be located on the bottomhorizontal side of the escape gap. (4) Wire shall not be used on the top horizontal side of theescape gap. (5) Each wire shall be tightly wrapped against the inside surfaceof the escape gap and shall not pass over the inside surface morethan once. As used in this paragraph, "tightly wrapped" means nospace exists at any point between the wire and the inside surface ofthe escape gap. (e) A lobster trap constructed of lath or other material shallhave an opening to allow a means of escape along the full length ofone side of the rearmost chamber. The escape opening shall be of aspacing of not less than 2 3/8 inches, and the spacing shall belocated parallel to, and within 2 3/8 inches of, the floor of thelobster trap.9011.  (a) (1) Subject to Article 6 (commencing with Section 8275)of Chapter 2, Dungeness crab, as defined in Section 8275, may betaken with Dungeness crab traps. (2) A Dungeness crab trap may have any number of openings of anysize. However, every Dungeness crab trap shall have at least tworigid circular openings of not less than 4 1/4 inches, insidediameter, on the top or side of the trap. If both of the openings arelocated on the side of the trap, at least one of the openings shallbe located so that at least one-half of the opening is in the upperhalf of the trap. (3) Subject to Article 6 (commencing with Section 8275) of Chapter2, rock crab may be taken incidentally with a Dungeness crab trapused pursuant to this subdivision to take Dungeness crab, providedthat the incidental taking occurs only during the season when it islawful to take both species. A rock crab, taken incidentally with aDungeness crab trap, that does not comply with Article 6 (commencingwith Section 8275) of Chapter 2, shall be immediately returned to thewaters from which it was taken. (b) (1) Subject to Article 6 (commencing with Section 8275) ofChapter 2, rock crab, as defined in Section 8275, may be taken withrock crab traps. (2) A rock crab trap may have any number of openings of any size.However, a rock crab trap constructed of wire mesh with an insidemesh measurement of not less than 1 7/8 inches by 3 7/8 inches, withthe 3 7/8 inch measurement parallel to the floor, shall have at leastone rigid circular opening of not less than 3 1/4 inches, insidediameter, located on any outside wall of the rearmost chamber of thecrab trap and shall be located so that at least one-half of theopening is in the upper half of the trap. Rock crab traps constructedof other material shall have at least two rigid circular openings ofnot less than 3 1/4 inches, inside diameter, on the top or side ofthe rearmost chamber of the trap. If both of the openings are locatedon the side of the trap, at least one of the openings shall belocated so that at least one-half of the opening is in the upper halfof the trap. No rigid circular opening, as required, shall extendmore than 1/2 inch beyond the plane of the wall side or top of thetrap in which it is located, and it shall be clearly accessible toany crab which may be in the trap. (3) Subject to Article 6 (commencing with Section 8275) of Chapter2, Dungeness crab may be taken incidentally with a rock crab trapused pursuant to this subdivision to take rock crab, provided thatthe incidental taking occurs only during the season when it is lawfulto take both species. A Dungeness crab, taken incidentally with arock crab trap, that does not comply with Article 6 (commencing withSection 8275) of Chapter 2, shall be immediately returned to thewaters from which it was taken. (4) A person shall not possess any lobster aboard a vessel whilethe vessel is being used pursuant to this subdivision to take rockcrab. (c) On or before January 1, 2013, the department shall report tothe appropriate policy and fiscal committees of the Legislature theimpacts, if any, of the changes made to this section by Chapter 478of the Statutes of 2009. The report shall include information aboutcitations issued pursuant to this section relating to both rock craband Dungeness crab for the years 2010 to 2012, inclusive.9012.  (a) No vessel may be used to take and land crab for bothcommercial and sport purposes in the same day. (b) In Districts 6, 7, 8, and 9, no trap shall be used to takeDungeness crab if that trap is attached to another trap or othertraps by a common line.9015.  (a) Subject to Article 18 (commencing with Section 8590) ofChapter 2, prawns or shrimp, as defined in Section 8590, may be takenwith prawn traps or shrimp traps under a general trap permit issuedpursuant to Section 9001. (b) A prawn trap or a shrimp trap shall be six feet or less in itsgreatest dimension. Every opening from the exterior to the interiorof a prawn trap or a shrimp trap shall be five inches or less in anydimension.9020.  (a) Subject to Section 8400, California killifish (Fundulusparvipinnis), mudsuckers (Gillichthys mirabilis), yellowfin gobies(Acanthogobius flavimanus), shiner perch (Cymatogaster aggregata),and staghorn sculpin (Leptocottus armatus) may be taken with baitfishtraps under a general trap permit issued pursuant to Section 9001. (b) A baitfish trap shall not exceed 12 inches in width, 12 inchesin height, and 36 inches in greatest length with entrance at smallends of funnels or fykes not to exceed 2 inches in diameter.9022.  (a) Notwithstanding Section 9000, traps used to take fin fishmay not be used in Districts 10, 11, and 12, except for bait fishtraps as provided for in Sections 8400 and 9020. (b) Except as otherwise provided in subdivision (a), all marinespecies of fin fish subject to Section 8403 may be taken with one ormore fin fish traps as prescribed by the commission under a generaltrap permit issued pursuant to Section 9001.9023.  (a) Traps may be used throughout the year to take carp in anydistrict under the restrictions set forth in subdivision (b). (b) Traps shall not exceed six feet in greatest dimension. Theyshall be made of cotton or nylon twine. Meshes shall not be less thanthree and one-half inches in length, except that fyke and bait bagsmay be any size mesh. Traps shall have only a single vertical fykeopening at the top of the trap. They shall be baited only with grainor grain products. Fish other than carp taken in traps subject tothis section shall be immediately returned to the water.9024.  Crayfish traps may be used at any time in any district totake crayfish only. Traps shall not exceed three feet in greatestdimension. Any other species taken with crayfish traps shall bereturned to the water immediately. The commission may prohibit theuse of crayfish traps which will injure fish or which will entrapunnecessarily large numbers of fish other than crayfish.